As The World Awaits White Paper On Black Accident

The Insight

By Lateef Adewole

The country has been set on fire (literally) in the past one week, since the release or leaking of the report of the Lagos State Judicial Panel of Inquiry on Restitution for Victims of SARS Related Abuses and Other Matters. It has been greeted with mixed reactions, divided even more than when the incident just happened. It is generating huge controversies with each camp still sticking to their guns. It made me wondered what use was the panel in the first place? It may not likely to bring the closure and restitution many so desired, with the way it is being criticised.

Well, may be that was an hasty surrendering or giving up on it. The fact is that, it has not been officially released and we all saw when Justice Doris Okuwobi (Retired) handed over the panel’s report to Governor Babajide Sanwo-Olu at the Lagos House on 15th of November, 2021. There and then, the governor constituted a four man committee who will study the report and raise a white paper for its implementation.

That sincere posture by the governor must have put him under intense pressure since that day, considering the interests that the report has generated, both locally and internationally. With United Nations, USA and some other global bodies showing active interest in what the state governor will come up with and what actions the federal government would take on such outcomes. The US Secretary of State, Antony Blinken raised it when he met President Buhari on Thursday, to which the president said he was waiting for the outcomes from the states. The expectations are that the indicted persons would be punished according to the law of the land.

I am not holding my breath about that actually. This is because, the federal government, by their body language and the utterances of their top ranking officers since the incident happened, including Mr. President himself, who believed that the protest by the youths was designed to overthrow his government, never believed there was ever any killing by soldiers at Lekki tollgate on 20th October, 2020. Many considered the setting up of the panel by Lagos State Government as face-saving at the time.

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Contrary to this, I commend Governor Sanwo-Olu for his forthrightness in allowing the panel to do their job unhindered and providing needed logistics for them to function effectively. This much was attested to by many prominent members of the panel, including the Youth representative on the panel, Temitope Majekodunmi and that of Civil Society Organisations, Mr. Ebun Olu-Adegboruwa (SAN). Kudos to Governor Sanwo-Olu.

However, that is only one leg of the process. A critical point has been reached where the sincerity of the governor would be put to test. I envy him not at this time because, it is like “obá rán ni nísé, odò obà kún” (being between the devil and the deep blue sea). The two interested categories of people are all spoiling for war, waiting for what the state governor will do. While the content of the leaked report seems to serve the sentiments of many protagonists of the EndSars movement and critics of that black night, many antagonists and government sympathisers have been doing everything to rubbish the report.

They have been making caricature of it, finding loopholes, irregularities and inaccurate conclusions in the report, some of which are genuine, just to discredit it. They claim it does not worth the paper on which it was printed and that it cannot stand any integrity test. They believe it was bias and only pawned to emotional sentiments of pro-EndSars protesters, without doing a thorough job. Some have gone further to accuse some members of the panel of corrupt acts.

This was revealed in an interview by a very senior lawyer, highly respected at that, who also happened to have represented Lagos State Government at the panel as their lead counsel, Mr. Jelili Owonikoko (SAN). His allegations against the panel in the course of his Arise Tv interview on Thursday, that some members of the judicial panel collected bribe, has had to be challenged in a rebuttal and caution press release by another senior lawyer, Mr. Ebun Olu-Adegboruwa (SAN), who was a member of the panel.

I have watched many interviews, read many commentaries and opinion pieces about the outcome of the panel. It seems as it stands, we may never get to the end of it. The closure we so much desired may eventually elude us in the sense that, whichever way the White paper swings, there will always be the other group of people who will disagree and felt unjustly treated.

By the way, is it only Lagos that such panel was set up? No, ofcourse. There are 27 other states and FCT. Where are they then? What have they being doing in the last one year? Where is the outcomes of their own investigations and their reports? This has only scored Lagos higher than other states and showed how the leadership in the state distinguish themselves from the rest of the country. Another “gbosa” for Sanwo-Olu and Lagos State.

Many other states’ panels could not even sit regularly. Many did half-way. Others half-heartedly. All kinds of irresponsible and non-responsive attitudes pervaded many. That’s Nigeria for us. Many states set up the panel just to fulfil all righteousness and to assuage the mood of that time. It did not come from their hearts, especially many states in the north, whose governors felt police brutality or SARS heinous activities were not problems in their states.

Let me now examine the arguments of “anti-panel report” group, and I have so many of them as bossom friends. Moreover, our debate on the incident started since October 20, 2020 when it happened. “Pro-panel report” group’s position is simply a default. It will be unnecessary to start discussing their position and argument. They largely felt satisfied with the report already as it is. They are simply waiting for what the government will do about it.

Nigeria is now a sort of law court, with lawyers, the “learned” ones, “confusing” the citizens. It is no longer possible to simply assume that one will wait for the opinion of lawyers on any matter. They are always divided on almost all issues. And this is not an exception. I watched Mr. Femi Falana argued in support while Jelili Owonikoko, argued against, both SANs, among numerous others. Let me now use my “unlearned” mind to analyse the arguments.

One center point upon which those against the panel’s report stand is the killings on that night. They still insist that the panel was not able to substantiate the claim of any “massacre” as that night shootings is popularly called. The report listed 9 people as killed, 4 missing while 24 others sustained various degrees of gunshot injuries from the incident, and 15 were assaulted by the police and military. This has been faulted by the critic group that there are many names of people who are still alive but were listed as deceased in the leaked report. And that nine deaths also do not qualify for a “massacre”, if at all true.

The other argument is that the report did not make mention of the police officers who were also killed, not to talk of compensating them. Same as many others killed by the protesters (definitely not at Lekki) and all the properties damaged when the conflagration erupted. The looting and destruction of businesses and properties of both government and private individuals that took place, were said to be overlooked by the panel. These were seen as gross errors and oversight that have blighted the report, in their opinion.

As genuine as these observations are, why did that happen when there are representatives of government on the panel? Why did they not raise these issues while the report was being compiled? Why was there no minority report if there were dissensions to the majority by some members of the panel? I want to believe the panel was democratic in nature and that all members of the panel had freedom and right to express their opinions on any matter, agree or disagree, without being coarsed. What then happened? I guess we might have to wait for the white paper on the report to get the answers to some or all of these.

Now, to what many anti-panel report people did not mention. There are many indictments by the panel on the actions of individuals, organisation, government, police and the military. I am yet to read or hear anyone disputed them. The highest I heard was where the Chief of Defence Staff, General Irabor, criticised the manner in which the report was leaked. What about the allegations and indictment against his men?

These indictments are there in the report. The only difference about this from what many already knew is that it is now official. Against series of initial denials by the military that they were not at Lekki Toll Gate, the panel has confirmed that they were indeed present there on that night. Also, the shootings by them, of peaceful protesters, who sat down on the floor, waving Nigerian flags and singing the national anthem, which was said to lead to deaths and injuries, was affirmed and condemned. Such “unpatriotic” act was described as “massacre” by the panel in the report.

What should have served as evidences, the dead bodies, were also affirmed to have been removed and taken away to cover up the incident. This is the point that has remained controversial, for want of concrete evidence. What should have shed light on the incident was the CCTV footage at the Lekki Toll Gate, installed by the Lekki Concession Company (LCC). Unfortunately, it was at this point of shootings that the CCTV stopped recording.

Even if truly no one was killed, such action as exhibited by LCC with the CCTV stoppage at that point is suspicious and stinks of cover up. No one can convince me personally, otherwise, because of that. Same was expressed by the panel in that report where it stated that:

“The panel found that LCC hampered the panel’s investigation by refusing to turn over some useful and vital information /evidence as requested by the Panel and the Forensic Expert engaged by the panel, even where such information and evidence was by the company’s admission, available. It manipulated the incomplete CCTV Video footage of the Lekki Toll Gate on the night of the 20th of October, 2020, which it tendered before the Panel.”

How could LCC explain this? Surely, in a court of law, such actions could earn perpetrators jail term and or other serious sactions.

What about the inhuman action of the military who did not allow ambulances to access the location after the shootings? What explanation could be given to that? Even in war situation, unarmed civilians, women and children are supposed to be spared by attacking forces, under their rules of engagement and international laws on human rights. Permitting aids and healthcare services to reach even enemy’s camp and conquered territories is a norm.

But here was the Nigerian military, shooting at defenseless unarmed fellow citizens exhibiting acts of patriotism (waving Nigerian flags and singing national anthem), and yet, prevented ambulances from reaching them for help after shooting at them. How could that be explained? Didn’t that reek of premeditated murder? Mr. Owonikoko and his likes never addressed that.

Again, the panel report has affirmed the allegations that after the army left, police officers also came to the Lekki Toll Gate to finish what the army started. They were accused of doing that between that night and the morning of the following day; 21st of October, 2020. Their roles that night were subdued by the louder case of the army shootings, which was livestreamed on social media platforms. It overshadowed what happened later in the dead of the night after they might have left. This remains a point of serious disagreement with me by my brothers and friends who are police officers.

The panel, apart from reaffirming that Lagos State Governor invited the police, it indicted them for attempt to cover up when it stated that: “The Panel found that there was an attempt to cover up the incident of the 20th of October by the cleaning of the Lekki Toll Gate and the failure to preserve the scene ahead of potential investigations.” Although, despite such cleaning, they could not find Mr. Fashola’s discovered camcorder at the place. What became of that was also unknown.

All these clear indictments are not part of what the critics of that report ever discussed or am I the one who have not seen any of them discussed it?

Recommendations, 32 of them, were also made by the panel. Some of them are also weapons against the panel too. Critics cited parts where people were compensated for being killed while they are actually alive. Compensating people who did not make demand and not considering any compensation for the families of the slain police officers, who are also Nigerians and were serving their fatherland, not minding what many of them get involved in many times. Their families deserve empathy, compassion and compensations too. These are fatal omissions in my opinion too.

The panel recommended a “Holistic Police Reforms covering welfare, training and proper equipping of Policemen and their working environment” and also; “Sanctioning of the officers of the Nigerian Army and the Nigerian Police Force respectively who participated in shooting, injuring and killing of unarmed protestors at the Lekki Toll Gate on the 20 and 21st of October, 2020.”

This very recommendation (second part) will be the ultimate. Will government have the courage and political will to act decisively? Did they even believe any security agent erred that night?

Other recommendations include development of robust engagement with the youths by government; memorialization of the Lekki Toll Gate and the 20th of October, 2020; setting up standing committee or tribunal that will deal with cases of human rights violations by security agencies and a trust fund to settle compensation awarded by such committee / tribunal; public apology to ENDSARS protesters who were killed, injured and traumatized by the incident; financial compensation to the victims of the Lekki Toll Gate incident. And many other recommendations.

In all, there is need to re-establish connection with the youths by government and earn their trust. When situation like this happens, government thinks youths are pain in their neck. But when elections come, it is the same youths who will be needed to mobilise for votes. In the course of arguments that have followed the report, the root cause of all of these is almost lost. The police brutality. Every other unfortunate events that happened from 8th of October to 20th and then 21st upwards, were all caused by the activities of some bad eggs in the police force, whose heinous activities were protested against last year, which led to all that happened. Have those officers been brought to book? Where are they now, even after disbandment of SARS? Have they changed their bad ways? All these are very germane issues that should not be lost on us. The issue is beyond October 20th 2020 shootings only. It has continued even after that. That must be addressed.

As we all await the white paper on the report from Lagos state government, all parties need to calm down. Whichever way, truth shall always prevail.

May God continue to protect us and guide us aright.

God Bless Nigeria.

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